Transcription

1 REQUEST FOR QUOTE (RFQ) Provision of IT service RFQ No: /2015 Advert date: 24 November 2014 RFQ background Closing Date: 04 December 2014 at 11:00 AM The Construction Education and Training Authority is looking for a service provider to provide the repair of servers, reconstruction of the active directory, repair of the system/ms exchange, supply and fix firewall device. It is against this background that reputable service providers are invited to provide a repair services for the CETA. THE FOLLOWING MINIMUM REQUIREMENTS WILL APPLY: 1. Original South African Revenue Services (SARS) valid Tax Clearance Certificate 2. Copy of Company Registration documents. 3. Completed and signed SBD forms 4; 6.1; 7.2; 8 and 9 and National Treasury Conditions of contract (initialed). 4. Quotations will be evaluated on PPPFA 80/20 points system. 5. Price(s) quoted must be valid for at least sixty (60) days from the date of your offer and be according to the specifications. 6. Price(s) quoted must be firm and inclusive of VAT (If VAT registered) 7. Exclusion of required items will cause a disqualification, 8. All quotes must be prepared according to the scope of work. Please note that Service Providers not registered on the CETA database will be required to register prior to being appointed. SPECIFICATIONS Please see the attached Terms of Reference EVALUATION CRITERIA Criterion 1 - Minimum Requirements Criterion 2 Functionality Evaluation Functionality = 100 (Relevant experience) Criterion 3 Price and Preference Evaluation Price = 80 Preference Points = 20 The final proposal will be evaluated on the basis of the new PPPFA 80/20 points system as presented in the preferential procurement regulations For this purpose the SBD 6.1 form should be completed and submitted together with your quotation. The 80/20 points system will be applied as follows: 1

2 Price Assessment 80 Points Preferential Elements 20 Points B-BBEE Status Level of Contributor Number of Points Non-compliant contributor 0 GENERAL The quotation must be submitted before the closing date and time, in a sealed envelope, duly endorsed: Provision of IT service RFQ NO /2015. The name and address of the service provider must be written outside the envelope. The quotation must be deposited in the Tender Box at the CETA s Reception, at the following address: Unit 5 Midrand Business Park 563 Old Pretoria Main Road Midrand 1685 Please note the following: No quotations will be accepted after the closing date. CETA is not obliged to appoint the cheapest quotation and reserves the right not to accept any submission and to re-advertise if it so wishes. Service providers will be evaluated and adjudicated according to the 80/20 point system, based on the Preferential Procurement Policy Framework Act 5 of 2005 and the PFMA, Act 1 of 1999 as well as the Broad-Based Black Economic Empowerment Act, Act 53 of It is the supplier s responsibility to ensure that all documents are received by the CETA before the closing date and time. Enquiries: All technical queries must be addressed to Mr Zviko Murahwi at and administrative queries must be ed to Constance Matsapola at APPROVED BY: Sonja Pilusa (CEO) Date 2

4 COMPULSORY DOCUMENTS Please note that failure to submit the following documents and/or proof will lead to immediate disqualification: 1. Original valid tax clearance certificate 2. Copies of company registration documents 3. Completed and signed: - SBD 4 - SBD SBD SBD 8 - SBD 9 - General Conditions of Contract (GCC) with every page initialled OTHER REQUIRED DOCUMENTS Please note that failure to attach the following documents will result in the forfeiture of preference points: EMEs: B-BBEE Certificate issued by an Accounting Officer as contemplated in the CCA or a Verification Agency accredited by the South African National Accreditation System (SANAS) or a Registered Auditor. Registered Auditors do not need to meet the prerequisite for IRBA s approval for the purpose of conducting verification and issuing EMEs with B-BBEE Status Level Certificates. Bidders other than EMEs: Original and valid B-BBEE status level verification certificate, or a certified copy thereof, substantiating their B-BBEE rating issued by a Registered Auditor approved by IRBA or a Verification Agency accredited by SANAS. Please double-check that you have attached all the above documents before submitting your Bid. 4

5 BID DOCUMENTS CHECK LIST: The contents of the RFQ document must be as follows, and numbered as per the numbering below, with each schedule punched, placed in a file and separated from the next schedule with a file divider. Please complete the checklist below to verify your submission of the relevant documents: Schedules Description Submitted Indicate YES or NO Schedule 1 Original Valid Tax Clearance Certificate Schedule 2 Schedule 3 Schedule 4 Schedule 5 Schedule 6 Copies of Company Registration Documents B-BBEE Verification Certificate Minimum of 3 Written Testimonials from Clients Cancelled Cheque or letter from the bank confirming banking details. Pricing Schedule 5

6 TERMS OF REFERENCE PROVISION OF THE REPAIR OF SERVERS INTRODUCTION The Construction Education and Training Authority (CETA) is a Schedule 3A Public Entity established in terms of the Skills Development Act, No.97 of It exists primarily to facilitate training and skills development in the construction sector within the context of the National Qualifications Framework (NQF). A. Provision of IT service The appointed service provider will be expected to provide the following: SPECIFICATIONS: ITEM DESCRIPTION QTY UNIT PRICE PROVISION OF THE SERVER 12 months INFRASTRUCTURE (HARDWARE AND OPERATING SYSTEM) ACTIVE DIRECTORY AND MS EXCHANGE SYMANTEC BACKUP EXEC (2012) AND 12 months ANTI-VIRUS (VERSION ) ENDPOINT PROTECTION SOLUTIONS TOTAL PRICE N.B : Full specification is attached Delivery Charges if Any Vat Total Including Vat Bidders are requested to submit the following: Original Valid Tax Clearance Certificate Certified Copies of Company Registration Documents B-BBEE Verification Certificate Minimum of 3 Written Testimonials from Clients Cancelled Cheque or letter from the bank confirming banking details. Pricing Schedule 6

7 EVALUATION CRITERIA Criterion 1 Compulsory Requirements Bidders will first be evaluated in terms of the gatekeeper/minimum requirements on page 4 of this document. Bidders who do not fulfil all the requirements or do not submit the required documents will be disqualified. Those who fulfil all the requirements or have submitted the required documents will be further evaluated on functionality. Criterion 2 Functionality Functionality is worth 100 points. The minimum threshold is 60 points. Bidders who score less than 60 points on functionality will therefore be disqualified. Those who score more than 60 points will be further evaluated in terms of price and preference points (i.e. on the B-BBEE status level of contributor). The functionality evaluation is broken down as follows: Past Relevant Experience (Attach letters of reference from clients for similar services - policy review) Please note the following: Bidders must have specific experience and submit at least three recent references in respect of similar work undertaken (the references must be in the form of written proof (s) on the referees letterheads. The references must include the relevant contact person, nature of service, contract amount, commencement date, telephone number, fax number and addresses). Submission of three (3) or more written testimonials demonstrating provable experience related to similar projects Submission of two (2) written testimonials demonstrating provable experience related to similar projects Submission of one (1) written testimonial demonstrating provable experience related to similar projects Total 100 points 100 points 60 points 40 points Criterion 3 Price and Preference Evaluation Bidders who score more than 60 points will be further evaluated in terms of Price and Preference points (B-BBEE status level of contributor). As per the table below, price is evaluated over 80 points and preference points over 20: Price Assessment 80 Points Preferential Elements 20 Points B-BBEE Status Level of Contributor Number of Points Non-compliant contributor 0 7

8 SBD 1 INVITATION TO BID YOU ARE HEREBY INVITED TO BID FOR REQUIREMENTS OF THE CETA RFQ NUMBER: /2015 CLOSING DATE: 04 December 2014 CLOSING TIME: 11:00 DESCRIPTION: PROVISION OF IT SERVICE VALIDITY PERIOD: 60 Days from closing date The successful bidder will be required to fill in and sign a written Contract Form (SBD 7). DEPOSITED IN THE BID BOX SITUATED AT (STREET ADDRESS): Unit 5 Midrand Business Park 563 Old Pretoria Main Road Midrand 1685 Bidders should ensure that bids are delivered timeously to the correct address as stated above. If the bid is late, it will not be accepted for consideration. ALL BIDS MUST BE SUBMITTED ON THE OFFICIAL FORMS (NOT TO BE RE-TYPED) THIS BID IS SUBJECT TO THE PREFERENTIAL PROCUREMENT POLICY FRAMEWORK ACT AND THE PREFERENTIAL PROCUREMENT REGULATIONS, 2011, THE GENERAL CONDITIONS OF CONTRACT (GCC) AND, IF APPLICABLE, ANY OTHER SPECIAL CONDITIONS OF CONTRACT THE FOLLOWING PARTICULARS MUST BE FURNISHED (FAILURE TO DO SO MAY RESULT IN YOUR BID BEING DISQUALIFIED) NAME OF BIDDER POSTAL ADDRESS. STREET ADDRESS TELEPHONE NUMBER CODE NUMBER..CELLPHONE NUMBER FACSIMILE NUMBER CODE...NUMBER... ADDRESS. VAT REGISTRATION NUMBER HAS AN ORIGINAL AND VALID TAX CLEARANCE CERTIFICATE BEEN SUBMITTED? (SBD 2) YES or NO HAS A B-BBEE STATUS LEVEL VERIFICATION CERTIFICATE BEEN SUBMITTED?(SBD 6.1) YES or NO IF YES, WHO WAS THE CERTIFICATE ISSUED BY? 8

9 AN ACCOUNTING OFFICER AS CONTEMPLATED IN THE CLOSE CORPORATION ACT (CCA)..... A VERIFICATION AGENCY ACCREDITED BY THE SOUTH AFRICAN ACCREDITATION SYSTEM (SANAS);. A REGISTERED AUDITOR..... [TICK APPLICABLE BOX] (A B-BBEE STATUS LEVEL VERIFICATION CERTIFICATE MUST BE SUBMITTED IN ORDER TO QUALIFY FOR PREFERENCE POINTS FOR B-BBEE) ARE YOU THE ACCREDITED REPRESENTATIVEIN SOUTH AFRICA FOR THE GOODS / SERVICES / WORKS OFFERED? YES or NO [IF YES ENCLOSE PROOF] SIGNATURE OF BIDDER DATE.... CAPACITY UNDER WHICH THIS BID IS SIGNED TOTAL BID PRICE TOTAL NUMBER OF ITEMS OFFERED ANY ENQUIRIES REGARDING THE BIDDING PROCEDURE MAY BE DIRECTED TO: Department: Contact Person: Supply Chain Management Unit Constance Matsapola Tel: /5949 Fax: 9

10 TAX CLEARANCE CERTIFICATE REQUIREMENTS SBD 2 It is a condition of bid that the taxes of the successful bidder must be in order, or that satisfactory arrangements have been made with South African Revenue Service (SARS) to meet the bidder s tax obligations. 1. In order to meet this requirement bidders are required to complete in full the attached form TCC 001 Application for a Tax Clearance Certificate and submit it to any SARS branch office nationally. The Tax Clearance Certificate Requirements are also applicable to foreign bidders / individuals who wish to submit bids. 2. SARS will then furnish the bidder with a Tax Clearance Certificate that will be valid for a period of 1 (one) year from the date of approval. 3. The original Tax Clearance Certificate must be submitted together with the bid. Failure to submit the original and valid Tax Clearance Certificate will result in the invalidation of the bid. Certified copies of the Tax Clearance Certificate will not be acceptable. 4. In bids where Consortia / Joint Ventures / Sub-contractors are involved, each party must submit a separate Tax Clearance Certificate. 5. Copies of the TCC 001 Application for a Tax Clearance Certificate form are available from any SARS branch office nationally or on the website 6. Applications for the Tax Clearance Certificates may also be made via efiling. In order to use this provision, taxpayers will need to register with SARS as efilers through the website 10

11 SBD 4 DECLARATION OF INTEREST 1. Any legal person, including persons employed by the state¹, or persons having a kinship with persons employed by the state, including a blood relationship, may make an offer or offers in terms of this invitation to bid (includes an advertised competitive bid, a limited bid, a proposal or written price quotation). In view of possible allegations of favouritism, should the resulting bid, or part thereof, be awarded to persons employed by the state, or to persons connected with or related to them, it is required that the bidder or his/her authorised representative declare his/her position in relation to the evaluating/adjudicating authority where- - the bidder is employed by the state; and/or - the legal person on whose behalf the bidding document is signed, has a relationship with persons/a person who are/is involved in the evaluation and or adjudication of the bid(s), or where it is known that such a relationship exists between the person or persons for or on whose behalf the declarant acts and persons who are involved with the evaluation and or adjudication of the bid. 2. In order to give effect to the above, the following questionnaire must be completed and submitted with the bid. 2.1 Full Name of bidder or his or her representative:. 2.2 Identity Number: Position occupied in the Company (director, trustee, shareholder², member):. 2.4 Registration number of company, enterprise, close corporation, partnership agreement or trust: Tax Reference Number: 2.6 VAT Registration Number: The names of all directors / trustees / shareholders / members, their individual identity numbers, tax reference numbers and, if applicable, employee / PERSAL numbers must be indicated in paragraph 3 below. ¹ State means (a) (b) (c) (d) (e) any national or provincial department, national or provincial public entity or constitutional institution within the meaning of the Public Finance Management Act, 1999 (Act No. 1 of 1999); any municipality or municipal entity; provincial legislature; national Assembly or the national Council of provinces; or Parliament. ² Shareholder means a person who owns shares in the company and is actively involved in the management of the enterprise or business and exercises control over the enterprise. 11

12 2.7 Are you or any person connected with the bidder YES / NO presently employed by the state? If so, furnish the following particulars: Name of person / director / trustee / shareholder/ member: Name of state institution at which you or the person connected to the bidder is employed : Position occupied in the state institution:... Any other particulars: If you are presently employed by the state, did you obtain YES / NO the appropriate authority to undertake remunerative work outside employment in the public sector? If yes, did you attach proof of such authority to the bid YES / NO document? (Note: Failure to submit proof of such authority, where applicable, may result in the disqualification of the bid If no, furnish reasons for non-submission of such proof: Did you or your spouse, or any of the company s directors/ YES / NO trustees / shareholders / members or their spouses conduct business with the state in the previous twelve months? If so, furnish particulars: Do you, or any person connected with the bidder, have YES / NO any relationship (family, friend, other) with a person employed by the state and who may be involved with the evaluation and or adjudication of this bid? If so, furnish particulars

13 2.10 Are you, or any person connected with the bidder, YES/NO aware of any relationship (family, friend, other) between any other bidder and any person employed by the state who may be involved with the evaluation and or adjudication of this bid? If so, furnish particulars Do you or any of the directors / trustees / shareholders / members YES/NO of the company have any interest in any other related companies whether or not they are bidding for this contract? If so, furnish particulars:... 3 Full details of directors / trustees / members / shareholders. Full Name Identity Number Personal Income Tax Reference Number State Employee Number/Persal Number 4 DECLARATION I, THE UNDERSIGNED (NAME) CERTIFY THAT THE INFORMATION FURNISHED IN PARAGRAPHS 2 and 3 ABOVE IS CORRECT. I ACCEPT THAT THE STATE MAY REJECT THE BID OR ACT AGAINST ME SHOULD THIS DECLARATION PROVE TO BE FALSE... Signature. Position.. Date Name of Bidder 13

14 SBD 6.1 PREFERENCE POINTS CLAIM FORM IN TERMS OF THE PREFERENTIAL PROCUREMENT REGULATIONS 2011 NB: BEFORE COMPLETING THIS FORM, BIDDERS MUST STUDY THE GENERAL CONDITIONS, DEFINITIONS AND DIRECTIVES APPLICABLE IN RESPECT OF B-BBEE, AS PRESCRIBED IN THE PREFERENTIAL PROCUREMENT REGULATIONS, GENERAL CONDITIONS 1.1 The following preference point systems are applicable to all bids: - the 80/20 system for requirements with a Rand value of up to R (all applicable taxes included); and - the 90/10 system for requirements with a Rand value above R (all applicable taxes included). 1.2 The value of this bid is estimated to exceed R (all applicable taxes included) and therefore the 80/20 system shall be applicable. 1.3 Preference points for this bid shall be awarded for: (a) (b) Price; and B-BBEE Status Level of Contribution The maximum points for this bid are allocated as follows: POINTS PRICE B-BBEE STATUS LEVEL OF CONTRIBUTION Total points for Price and B-BBEE must not exceed Failure on the part of a bidder to fill in and/or to sign this form and submit a B-BBEE Verification Certificate from a Verification Agency accredited by the South African Accreditation System (SANAS) or a Registered Auditor approved by the Independent Regulatory Board of Auditors (IRBA) or an Accounting Officer as contemplated in the Close Corporation Act (CCA) together with the bid, will be interpreted to mean that preference points for B-BBEE status level of contribution are not claimed The purchaser reserves the right to require of a bidder, either before a bid is adjudicated or at any time subsequently, to substantiate any claim in regard to preferences, in any manner required by the purchaser. 2. DEFINITIONS 2..1 all applicable taxes includes value-added tax, pay as you earn, income tax, unemployment insurance fund contributions and skills development levies; 2.2 B-BBEE means broad-based black economic empowerment as defined in section 1 of the Broad -Based Black Economic Empowerment Act; 2.3 B-BBEE status level of contributor means the B-BBEE status received by a measured entity based on its overall performance using the relevant scorecard contained in the Codes of Good Practice on Black Economic Empowerment, issued in terms of section 9(1) of the Broad-Based Black Economic 14

15 Empowerment Act; 2.4 bid means a written offer in a prescribed or stipulated form in response to an invitation by an organ of state for the provision of services, works or goods, through price quotations, advertised competitive bidding processes or proposals; 2.5 Broad-Based Black Economic Empowerment Act means the Broad-Based Black Economic Empowerment Act, 2003 (Act No. 53 of 2003); 2.6 comparative price means the price after the factors of a non-firm price and all unconditional discounts that can be utilized have been taken into consideration; 2.7 consortium or joint venture means an association of persons for the purpose of combining their expertise, property, capital, efforts, skill and knowledge in an activity for the execution of a contract; 2.8 contract means the agreement that results from the acceptance of a bid by an organ of state; 2.9 EME means any enterprise with an annual total revenue of R5 million or less Firm price means the price that is only subject to adjustments in accordance with the actual increase or decrease resulting from the change, imposition, or abolition of customs or excise duty and any other duty, levy, or tax, which, in terms of the law or regulation, is binding on the contractor and demonstrably has an influence on the price of any supplies, or the rendering costs of any service, for the execution of the contract; 2.11 functionality means the measurement according to predetermined norms, as set out in the bid documents, of a service or commodity that is designed to be practical and useful, working or operating, taking into account, among other factors, the quality, reliability, viability and durability of a service and the technical capacity and ability of a bidder; 2.12 non-firm prices means all prices other than firm prices; 2.13 person includes a juristic person; 2.14 rand value means the total estimated value of a contract in South African currency, calculated at the time of bid invitations, and includes all applicable taxes and excise duties; 2.15 sub-contract means the primary contractor s assigning, leasing, making out work to, or employing, another person to support such primary contractor in the execution of part of a project in terms of the contract; 2.16 total revenue bears the same meaning assigned to this expression in the Codes of Good Practice on Black Economic Empowerment, issued in terms of section 9(1) of the Broad-Based Black Economic Empowerment Act and promulgated in the Government Gazette on 9 February 2007; 2.17 trust means the arrangement through which the property of one person is made over or bequeathed to a trustee to administer such property for the benefit of another person; and 2.18 trustee means any person, including the founder of a trust, to whom property is bequeathed in order for such property to be administered for the benefit of another person. 3. ADJUDICATION USING A POINT SYSTEM 3.1 The bidder obtaining the highest number of total points will be awarded the contract. 3.2 Preference points shall be calculated after prices have been brought to a comparative basis taking into account all factors of non-firm prices and all unconditional discounts;. 3.3 Points scored must be rounded off to the nearest 2 decimal places. 3.4 In the event that two or more bids have scored equal total points, the successful bid 15

16 must be the one scoring the highest number of preference points for B-BBEE. 3.5 However, when functionality is part of the evaluation process and two or more bids have scored equal points including equal preference points for B-BBEE, the successful bid must be the one scoring the highest score for functionality. 3.6 Should two or more bids be equal in all respects, the award shall be decided by the drawing of lots. 4. POINTS AWARDED FOR PRICE 4.1 THE 80/20 OR 90/10 PREFERENCE POINT SYSTEMS A maximum of 80 or 90 points is allocated for price on the following basis: 80/20 or 90/10 Pt P min Pt P min Ps 801 or Ps 901 P min P min Where Ps = Points scored for comparative price of bid under consideration Pt = Comparative price of bid under consideration Pmin = Comparative price of lowest acceptable bid 5. Points awarded for B-BBEE Status Level of Contribution 5.1 In terms of Regulation 5 (2) and 6 (2) of the Preferential Procurement Regulations, preference points must be awarded to a bidder for attaining the B-BBEE status level of contribution in accordance with the table below: B-BBEE Status Level of Contributor Number of points (90/10 system) Number of points (80/20 system) Non-compliant contributor

17 5.2 Bidders who qualify as EMEs in terms of the B-BBEE Act must submit a certificate issued by an Accounting Officer as contemplated in the CCA or a Verification Agency accredited by SANAS or a Registered Auditor. Registered auditors do not need to meet the prerequisite for IRBA s approval for the purpose of conducting verification and issuing EMEs with B-BBEE Status Level Certificates. 5.3 Bidders other than EMEs must submit their original and valid B-BBEE status level verification certificate or a certified copy thereof, substantiating their B-BBEE rating issued by a Registered Auditor approved by IRBA or a Verification Agency accredited by SANAS. 5.4 A trust, consortium or joint venture, will qualify for points for their B-BBEE status level as a legal entity, provided that the entity submits their B-BBEE status level certificate. 5.5 A trust, consortium or joint venture will qualify for points for their B-BBEE status level as an unincorporated entity, provided that the entity submits their consolidated B-BBEE scorecard as if they were a group structure and that such a consolidated B-BBEE scorecard is prepared for every separate bid. 5.6 Tertiary institutions and public entities will be required to submit their B-BBEE status level certificates in terms of the specialized scorecard contained in the B-BBEE Codes of Good Practice. 5.7 A person will not be awarded points for B-BBEE status level if it is indicated in the bid documents that such a bidder intends sub-contracting more than 25% of the value of the contract to any other enterprise that does not qualify for at least the points that such a bidder qualifies for, unless the intended subcontractor is an EME that has the capability and ability to execute the sub-contract. 5.8 A person awarded a contract may not sub-contract more than 25% of the value of the contract to any other enterprise that does not have an equal or higher B-BBEE status level than the person concerned, unless the contract is sub-contracted to an EME that has the capability and ability to execute the sub-contract. 6. BID DECLARATION 6.1 Bidders who claim points in respect of B-BBEE Status Level of Contribution must complete the following: 7. B-BBEE STATUS LEVEL OF CONTRIBUTION CLAIMED IN TERMS OF PARAGRAPHS AND B-BBEE Status Level of Contribution:. = (maximum of 10 or 20 points) (Points claimed in respect of paragraph 7.1 must be in accordance with the table reflected in paragraph 5.1 and must be substantiated by means of a B-BBEE certificate issued by a Verification Agency accredited by SANAS or a Registered Auditor approved by IRBA or an Accounting Officer as contemplated in the CCA). 8 SUB-CONTRACTING 8.1 Will any portion of the contract be sub-contracted? YES / NO (delete which is not applicable) If yes, indicate: (i) what percentage of the contract will be subcontracted?.... % (ii) the name of the sub-contractor?.. (iii) the B-BBEE status level of the sub-contractor?.. (iv) whether the sub-contractor is an EME? YES / NO (delete which is not applicable) 17

18 9 DECLARATION WITH REGARD TO COMPANY/FIRM 9.1 Name of company/firm... : 9.2 VAT registration number : Company registration number. 9.4 TYPE OF COMPANY/ FIRM : Partnership/Joint Venture / Consortium One person business/sole propriety Close corporation Company (Pty) Limited [TICK APPLICABLE BOX] 9.5 DESCRIBE PRINCIPAL BUSINESS ACTIVITIES COMPANY CLASSIFICATION Manufacturer Supplier Professional service provider Other service providers, e.g. transporter, etc. [TICK APPLICABLE BOX] 9.7 Total number of years the company/firm has been in business? 9.8 I/we, the undersigned, who is / are duly authorised to do so on behalf of the company/firm, certify that the points claimed, based on the B-BBE status level of contribution indicated in paragraph 7 of the foregoing certificate, qualifies the company/ firm for the preference(s) shown and I / we acknowledge that: (i) (ii) The information furnished is true and correct; The preference points claimed are in accordance with the General Conditions as indicated in paragraph 1 of this form. 18

19 (iii) (iv) In the event of a contract being awarded as a result of points claimed as shown in paragraph 7, the contractor may be required to furnish documentary proof to the satisfaction of the purchaser that the claims are correct; If the B-BBEE status level of contribution has been claimed or obtained on a fraudulent basis or any of the conditions of contract have not been fulfilled, the purchaser may, in addition to any other remedy it may have (a) (b) (c) (d) (e) disqualify the person from the bidding process; recover costs, losses or damages it has incurred or suffered as a result of that person s conduct; cancel the contract and claim any damages which it has suffered as a result of having to make less favourable arrangements due to such cancellation; restrict the bidder or contractor, its shareholders and directors, or only the shareholders and directors who acted on a fraudulent basis, from obtaining business from any organ of state for a period not exceeding 10 years, after the audi alteram partem (hear the other side) rule has been applied; and forward the matter for criminal prosecution WITNESSES: SIGNATURE(S) OF BIDDER(S) DATE:.. ADDRESS:... 19

20 SBD 7.1 CONTRACT FORM - PURCHASE OF GOODS/WORKS THIS FORM MUST BE FILLED IN DUPLICATE BY BOTH THE SUCCESSFUL BIDDER (PART 1) AND THE PURCHASER (PART 2). BOTH FORMS MUST BE SIGNED IN THE ORIGINAL SO THAT THE SUCCESSFUL BIDDER AND THE PURCHASER WOULD BE IN POSSESSION OF ORIGINALLY SIGNED CONTRACTS FOR THEIR RESPECTIVE RECORDS. PART 1 (TO BE FILLED IN BY THE BIDDER) 1. I hereby undertake to supply all or any of the goods and/or works described in the attached bidding documents to (name of institution)... in accordance with the requirements and specifications stipulated in bid number.... at the price/s quoted. My offer/s remain binding upon me and open for acceptance by the purchaser during the validity period indicated and calculated from the closing time of bid. 2. The following documents shall be deemed to form and be read and construed as part of this agreement: (i) (ii) (iii) Bidding documents, viz - Invitation to bid; - Tax clearance certificate; - Pricing schedule(s); - Technical Specification(s); - Preference claims for Broad Based Black Economic Empowerment Status Level of Contribution in terms of the Preferential Procurement Regulations 2011; - Declaration of interest; - Declaration of bidder s past SCM practices; - Certificate of Independent Bid Determination - Special Conditions of Contract; General Conditions of Contract; and Other (specify) 3. I confirm that I have satisfied myself as to the correctness and validity of my bid; that the price(s) and rate(s) quoted cover all the goods and/or works specified in the bidding documents; that the price(s) and rate(s) cover all my obligations and I accept that any mistakes regarding price(s) and rate(s) and calculations will be at my own risk. 4. I accept full responsibility for the proper execution and fulfilment of all obligations and conditions devolving on me under this agreement as the principal liable for the due fulfillment of this contract. 5. I declare that I have no participation in any collusive practices with any bidder or any other person regarding this or any other bid. 20

21 6. I confirm that I am duly authorised to sign this contract. NAME (PRINT) CAPACITY SIGNATURE NAME OF FIRM DATE. WITNESSES DATE:... 21

22 SBD 7.1 CONTRACT FORM - PURCHASE OF GOODS/WORKS PART 2 (TO BE FILLED IN BY THE PURCHASER) 1. I. in my capacity as..... accept your bid under reference number dated for the supply of goods/works indicated hereunder and/or further specified in the annexure(s). 2. An official order indicating delivery instructions is forthcoming. 3. I undertake to make payment for the goods/works delivered in accordance with the terms and conditions of the contract, within 30 (thirty) days after receipt of an invoice accompanied by the delivery note. ITEM NO. PRICE (ALL APPLICABLE BRAND TAXES INCLUDED) DELIVERY PERIOD B-BBEE STATUS LEVEL OF CONTRIBUTION MINIMUM THRESHOLD FOR LOCAL PRODUCTION AND CONTENT (if applicable) 4. I confirm that I am duly authorised to sign this contract. SIGNED AT ON.. NAME (PRINT). SIGNATURE. OFFICIAL STAMP WITNESSES DATE. 22

23 DECLARATION OF BIDDER S PAST SUPPLY CHAIN MANAGEMENT PRACTICES SBD 8 1 This Standard Bidding Document must form part of all bids invited. 2 It serves as a declaration to be used by institutions in ensuring that when goods and services are being procured, all reasonable steps are taken to combat the abuse of the supply chain management system. 3 The bid of any bidder may be disregarded if that bidder, or any of its directors have- a. abused the institution s supply chain management system; b. committed fraud or any other improper conduct in relation to such system; or c. failed to perform on any previous contract. 4 In order to give effect to the above, the following questionnaire must be completed and submitted with the bid. Item Question Yes No 4.1 Is the bidder or any of its directors listed on the National Treasury s Database of Restricted Suppliers as companies or persons prohibited from doing business with the public sector? Yes No (Companies or persons who are listed on this Database were informed in writing of this restriction by the Accounting Officer/Authority of the institution that imposed the restriction after the audi alteram partem rule was applied). The Database of Restricted Suppliers now resides on the National Treasury s website(www.treasury.gov.za) and can be accessed by clicking on its link at the bottom of the home page If so, furnish particulars: 4.2 Is the bidder or any of its directors listed on the Register for Tender Defaulters in terms of section 29 of the Prevention and Combating of Corrupt Activities Act (No 12 of 2004)? The Register for Tender Defaulters can be accessed on the National Treasury s website (www.treasury.gov.za) by clicking on its link at the bottom of the home page. Yes No 23

24 4.2.1 If so, furnish particulars: 4.3 Was the bidder or any of its directors convicted by a court of law (including a court outside of the Republic of South Africa) for fraud or corruption during the past five years? If so, furnish particulars: Yes No 4.4 Was any contract between the bidder and any organ of state terminated during the past five years on account of failure to perform on or comply with the contract? If so, furnish particulars: Yes No CERTIFICATION I, THE UNDERSIGNED (FULL NAME) CERTIFY THAT THE INFORMATION FURNISHED ON THIS DECLARATION FORM IS TRUE AND CORRECT. I ACCEPT THAT, IN ADDITION TO CANCELLATION OF A CONTRACT, ACTION MAY BE TAKEN AGAINST ME SHOULD THIS DECLARATION PROVE TO BE FALSE.... Signature. Position.. Date.. Name of Bidder 24

25 SBD 9 CERTIFICATE OF INDEPENDENT BID DETERMINATION This Standard Bidding Document (SBD) must form part of all bids¹ invited. 2 Section 4 (1) (b) (iii) of the Competition Act No. 89 of 1998, as amended, prohibits an agreement between, or concerted practice by, firms, or a decision by an association of firms, if it is between parties in a horizontal relationship and if it involves collusive bidding (or bid rigging).² Collusive bidding is a pe se prohibition meaning that it cannot be justified under any grounds. 3 Treasury Regulation 16A9 prescribes that accounting officers and accounting authorities must take all reasonable steps to prevent abuse of the supply chain management system and authorizes accounting officers and accounting authorities to: a. disregard the bid of any bidder if that bidder, or any of its directors have abused the institution s supply chain management system and or committed fraud or any other improper conduct in relation to such system. b. cancel a contract awarded to a supplier of goods and services if the supplier committed any corrupt or fraudulent act during the bidding process or the execution of that contract. 4 This SBD serves as a certificate of declaration that would be used by institutions to ensure that, when bids are considered, reasonable steps are taken to prevent any form of bid-rigging. 5 In order to give effect to the above, the attached Certificate of Bid Determination (SBD 9) must be completed and submitted with the bid: ¹ Includes price quotations, advertised competitive bids, limited bids and proposals. ² Bid rigging (or collusive bidding) occurs when businesses, that would otherwise be expected to compete, secretly conspire to raise prices or lower the quality of goods and / or services for purchasers who wish to acquire goods and / or services through a bidding process. Bid rigging is, therefore, an agreement between competitors not to compete. 25

26 SBD 9 CERTIFICATE OF INDEPENDENT BID DETERMINATION I, the undersigned, in submitting the accompanying bid: (RFQ Number and Description) in response to the invitation for the bid made by: (Name of Institution) do hereby make the following statements that I certify to be true and complete in every respect: I certify, on behalf of: that: (Name of Bidder) 1. I have read and I understand the contents of this Certificate; 2. I understand that the accompanying bid will be disqualified if this Certificate is found not to be true and complete in every respect; 3. I am authorized by the bidder to sign this Certificate, and to submit the accompanying bid, on behalf of the bidder; 4. Each person whose signature appears on the accompanying bid has been authorized by the bidder to determine the terms of, and to sign the bid, on behalf of the bidder; 5. For the purposes of this Certificate and the accompanying bid, I understand that the word competitor shall include any individual or organization, other than the bidder, whether or not affiliated with the bidder, who: (a) (b) has been requested to submit a bid in response to this bid invitation; could potentially submit a bid in response to this bid invitation, based on their qualifications, abilities or experience; and 26

27 (c) provides the same goods and services as the bidder and/or is in the same line of business as the bidder SBD 9 6. The bidder has arrived at the accompanying bid independently from, and without consultation, communication, agreement or arrangement with any competitor. However communication between partners in a joint venture or consortium³ will not be construed as collusive bidding. 7. In particular, without limiting the generality of paragraphs 6 above, there has been no consultation, communication, agreement or arrangement with any competitor regarding: (a) (b) (c) (d) (e) (f) prices; geographical area where product or service will be rendered (market allocation) methods, factors or formulas used to calculate prices; the intention or decision to submit or not to submit, a bid; the submission of a bid which does not meet the specifications and conditions of the bid; or bidding with the intention not to win the bid. 8. In addition, there have been no consultations, communications, agreements or arrangements with any competitor regarding the quality, quantity, specifications and conditions or delivery particulars of the products or services to which this bid invitation relates. 9. The terms of the accompanying bid have not been, and will not be, disclosed by the bidder, directly or indirectly, to any competitor, prior to the date and time of the official bid opening or of the awarding of the contract. ³ Joint venture or Consortium means an association of persons for the purpose of combining their expertise, property, capital, efforts, skill and knowledge in an activity for the execution of a contract. 10. I am aware that, in addition and without prejudice to any other remedy provided to combat any restrictive practices related to bids and contracts, bids that are suspicious will be reported to the Competition Commission for investigation and possible imposition of administrative penalties in terms of section 59 of the Competition Act No 89 of 1998 and or may be reported to the National Prosecuting Authority (NPA) for criminal investigation and or may be restricted from conducting business with the public sector for a period not exceeding ten (10) years in terms of the Prevention and Combating of Corrupt Activities Act No 12 of 2004 or any other applicable legislation. 27

28 Signature Date. Position Name of Bidder 28

29 GENERAL CONDITIONS OF CONTRACT GOVERNMENT PROCUREMENT GENERAL CONDITIONS OF CONTRACT July 2010 NOTES The purpose of this document is to: (i) (ii) Draw special attention to certain general conditions applicable to government bids, contracts and orders; and To ensure that clients be familiar with regard to the rights and obligations of all parties involved in doing business with government. In this document words in the singular also mean in the plural and vice versa and words in the masculine also mean in the feminine and neuter. The General Conditions of Contract will form part of all bid documents and may not be amended. Special Conditions of Contract (SCC) relevant to a specific bid, should be compiled separately for every bid (if (applicable) and will supplement the General Conditions of Contract. Whenever there is a conflict, the provisions in the SCC shall prevail. 29

31 General Conditions of Contract 1. Definitions 1. The following terms shall be interpreted as indicated: 1.1 Closing time means the date and hour specified in the bidding documents for the receipt of bids. 1.2 Contract means the written agreement entered into between the purchaser and the supplier, as recorded in the contract form signed by the parties, including all attachments and appendices thereto and all documents incorporated by reference therein. 1.3 Contract price means the price payable to the supplier under the contract for the full and proper performance of his contractual obligations. 1.4 Corrupt practice means the offering, giving, receiving, or soliciting of anything of value to influence the action of a public official in the procurement process or in contract execution. 1.5 "Countervailing duties" are imposed in cases where an enterprise abroad is subsidized by its government and encouraged to market its products internationally. 1.6 Country of origin means the place where the goods were mined, grown or produced or from which the services are supplied. Goods are produced when, through manufacturing, processing or substantial and major assembly of components, a commercially recognized new product results that is substantially different in basic characteristics or in purpose or utility from its components. 1.7 Day means calendar day. 1.8 Delivery means delivery in compliance of the conditions of the contract or order. 1.9 Delivery ex stock means immediate delivery directly from stock actually on hand Delivery into consignees store or to his site means delivered and unloaded in the specified store or depot or on the specified site in compliance with the conditions of the contract or order, the supplier bearing all risks and charges involved until the supplies are so delivered and a valid receipt is obtained "Dumping" occurs when a private enterprise abroad market its goods on own initiative in the RSA at lower prices than that of the country of origin and which have the potential to harm the local industries in the RSA Force majeure means an event beyond the control of the supplier and not involving the supplier s fault or negligence and not foreseeable. Such events may include, but is not restricted to, acts of the purchaser in its sovereign capacity, wars or revolutions, fires, floods, epidemics, quarantine restrictions and freight embargoes Fraudulent practice means a misrepresentation of facts in order to influence a procurement process or the execution of a contract to the detriment of any bidder, and includes collusive practice among bidders 31

32 (prior to or after bid submission) designed to establish bid prices at artificial non-competitive levels and to deprive the bidder of the benefits of free and open competition GCC means the General Conditions of Contract Goods means all of the equipment, machinery, and/or other materials that the supplier is required to supply to the purchaser under the contract Imported content means that portion of the bidding price represented by the cost of components, parts or materials which have been or are still to be imported (whether by the supplier or his subcontractors) and which costs are inclusive of the costs abroad, plus freight and other direct importation costs such as landing costs, dock dues, import duty, sales duty or other similar tax or duty at the South African place of entry as well as transportation and handling charges to the factory in the Republic where the supplies covered by the bid will be manufactured Local content means that portion of the bidding price which is not included in the imported content provided that local manufacture does take place Manufacture means the production of products in a factory using labour, materials, components and machinery and includes other related value-adding activities Order means an official written order issued for the supply of goods or works or the rendering of a service Project site, where applicable, means the place indicated in bidding documents Purchaser means the organization purchasing the goods Republic means the Republic of South Africa SCC means the Special Conditions of Contract Services means those functional services ancillary to the supply of the goods, such as transportation and any other incidental services, such as installation, commissioning, provision of technical assistance, training, catering, gardening, security, maintenance and other such obligations of the supplier covered under the contract Written or in writing means handwritten in ink or any form of electronic or mechanical writing. 2. Application 2.1 These general conditions are applicable to all bids, contracts and orders including bids for functional and professional services, sales, hiring, letting and the granting or acquiring of rights, but excluding immovable property, unless otherwise indicated in the bidding documents. 2.2 Where applicable, special conditions of contract are also laid down to cover specific supplies, services or works. 2.3 Where such special conditions of contract are in conflict with these general conditions, the special conditions shall apply. 32

33 3. General 3.1 Unless otherwise indicated in the bidding documents, the purchaser shall not be liable for any expense incurred in the preparation and submission of a bid. Where applicable a non-refundable fee for documents may be charged. 3.2 With certain exceptions, invitations to bid are only published in the Government Tender Bulletin. The Government Tender Bulletin may be obtained directly from the Government Printer, Private Bag X85, Pretoria 0001, or accessed electronically from 4. Standards 4.1 The goods supplied shall conform to the standards mentioned in the bidding documents and specifications. 5. Use of contract documents and information; inspection. 5.1 The supplier shall not, without the purchaser s prior written consent, disclose the contract, or any provision thereof, or any specification, plan, drawing, pattern, sample, or information furnished by or on behalf of the purchaser in connection therewith, to any person other than a person employed by the supplier in the performance of the contract. Disclosure to any such employed person shall be made in confidence and shall extend only so far as may be necessary for purposes of such performance. 5.2 The supplier shall not, without the purchaser s prior written consent, make use of any document or information mentioned in GCC clause 5.1 except for purposes of performing the contract. 5.3 Any document, other than the contract itself mentioned in GCC clause 5.1 shall remain the property of the purchaser and shall be returned (all copies) to the purchaser on completion of the supplier s performance under the contract if so required by the purchaser. 5.4 The supplier shall permit the purchaser to inspect the supplier s records relating to the performance of the supplier and to have them audited by auditors appointed by the purchaser, if so required by the purchaser. 6. Patent rights 6.1 The supplier shall indemnify the purchaser against all third-party claims of infringement of patent, trademark, or industrial design rights arising from use of the goods or any part thereof by the purchaser. 7. Performance security 7.1 Within thirty (30) days of receipt of the notification of contract award, the successful bidder shall furnish to the purchaser the performance security of the amount specified in SCC. 7.2 The proceeds of the performance security shall be payable to the purchaser as compensation for any loss resulting from the supplier s failure to complete his obligations under the contract. 7.3 The performance security shall be denominated in the currency of the contract, or in a freely convertible currency acceptable to the purchaser and shall be in one of the following forms: (a) (b) a bank guarantee or an irrevocable letter of credit issued by a reputable bank located in the purchaser s country or abroad, acceptable to the purchaser, in the form provided in the bidding documents or another form acceptable to the purchaser; or a cashier s or certified cheque 7.4 The performance security will be discharged by the purchaser and returned to the supplier not later than thirty (30) days following the date 33

QUOTATIONS ARE HEREBY REQUESTED IN ACCORDANCE WITH THE SCM REGULATIONS SECTION 18 OF THE LOCAL GOVERNMENT MUNICIPAL FINANCE MANAGEMENT ACT 56 OF 2003, FOR THE PURCHASE OF ITEM/S THAT COULD BE ABOVE R30

Request for formal written price quotations Kindly furnish me with a written quotation for the supply of the following service: ENVIRONMENTAL IMPACT ASSESSMENT (EIA) CONSULTANCY SERVICES The Johannesburg

QUOTATIONS ARE HEREBY REQUESTED IN ACCORDANCE WITH THE SCM REGULATIONS SECTION 18 OF THE LOCAL GOVERNMENT MUNICIPAL FINANCE MANAGEMENT ACT 56 OF 2003, FOR THE PURCHASE OF ITEM/S THAT COULD BE ABOVE R30

NFVF VENDOR APPLICATION FORM VENDOR NAME: In order to comply with Treasury Regulations 16A, The National Film and Video Foundation developed a supplier database to be used by the Supply Chain Management

TERMS OF REFERENCE FOR THE APPOINTMENT OF A SERVICE PROVIDER TO PROVIDE SECURE EMAIL MANAGEMENT SOLUTION AND ARCHIVING FOR NLC: RFP 010/2015 1.Description of Service The National Lotteries Commission requires

INVITATION TO BID (SBD 1) YOU ARE HEREBY INVITED TO BID FOR THE FOLLOWING SPECIFIED SUPPLY REQUIREMENTS BID : NRF/SAAO/2016/014 CLOSING DATE: 8 April 2016 CLOSING TIME 11:00 BID DESCRIPTION Service and

1 AMATHOLE DISTRICT MUNICIPALITY TERMS OF REFERENCE It is the intention of the Amathole District Municipality to enter into a formal contract with a service provider that will carry out the services described

T54/09/14 APPOINTMENT OF A PANEL OF STOCK BROKERS TO PROVIDE BROKERAGE SERVICES TO THE IDC BID CLOSING DATE: WEDNESDAY, 08 OCTOBER 2014 AT 12:00 NOON Industrial Development Corporation TABLE OF CONTENTS

TENDER FOR APPOINTMENT OF A SHORT TERM INSURANCE BROKER FOR A PERIOD OF THREE (3) YEARS TENDER NO. NYDA-2014/01/RSK NATIONAL YOUTH DEVELOPMENT AGENCY (NYDA) 11 BROADWALK AVENUE HALFWAY HOUSE MIDRAND 1685

TO ALL SUPPLIERS SEEKING REGISTRATION AS A PREFERRED SUPPLIER ON THE DATABASE OF THE NATIONAL TREASURY All suppliers are invited to register as a preferred supplier on the database of the CETA. In order

30 September 2015 Enquiries: Kathryn Kasavel: 031 311 7920 Email: Kathryn.Kasavel@durban.gov.za Re-Advertisement: Request for Quotation Development of a Greening Programme for the City of Durban in preparation

THE NATIONAL TREASURY Republic of South Africa GOVERNMENT PROCUREMENT: GENERAL CONDITIONS OF CONTRACT 8 May 2007 THE NATIONAL TREASURY: Republic of South Africa 2 TABLE OF CLAUSES 1. Definitions 2. Application

Date: 25 October 2013 CALL FOR TENDERS ON THE PROVIDING OF GROUP LIFE INSURANCE COVER FOR PERMANENT EMPLOYEES AND FULLTIME TRIBUNAL MEMBERS OF THE NATIONAL CONSUMER TRIBUNAL Closing date for submission

TO ALL SUPPLIERS SEEKING REGISTRATION AS APPROVED SUPPLIERS ON DEPARTMENT OF CORRECTIONAL SERVICE S SUPPLIER DATABASE FOR THE PERIOD 1 APRIL 2015 TO MARCH 2016 The purpose of this database is to give all

REQUEST FOR PROPOSAL FOR THE DEVELOPMENT OF A CUSTOMISED SOLUTION DRIVEN PERFORMANCE MANAGEMENT PROGRAM RFP NUMBER: TIA 2012/RFP001/02 1. PROJECT TITLE Development of a customised solution driven performance

REQUEST FOR BIDS: (RFB NUMBER: PROC T366) APPOINTMENT OF A SERVICE PROVIDER TO PROVIDE A FUNERAL SCHEME BENEFIT FOR SERVICES SETA STAFF, BOARD MEMBERS AND EXTENDED FAMILY MEMBERS CLOSING DATE AND TIME:

PREFERENTIAL PROCUREMENT REGULATIONS, 2001 PERTAINING TO THE PREFERENTIAL PROCUREMENT POLICY FRAMEWORK ACT: NO 5 OF 2000 Contents PART ONE DEFINITIONS AND APPLICATION 1 Definitions 2 Application PART TWO

QUOTATIONS ARE HEREBY REQUESTED IN ACCORDANCE WITH THE SCM REGULATIONS SECTION 18 OF THE LOCAL GOVERNMENT MUNICIPAL FINANCE MANAGEMENT ACT 56 OF 2003, FOR THE PURCHASE OF ITEM/S THAT COULD BE ABOVE R30

SUPPLIER DATABASE REGISTRATION QUESTIONNAIRE - CONSULTANTS Name of company Town / City Revision 0, October 2012 1 ALL SUPPLIER INFORMATION WILL BE TREATED STRICTLY CONFIDENTIAL. NOTE: a) The information

REQUEST FOR BIDS: (RFB NUMBER: PROC T367) APPOINTMENT OF A SERVICE PROVIDER TO DO DIAGNOSIS OF THE QUALITY MANAGEMENT DIVISION CLOSING DATE AND TIME: 16 SEPTEMBER 2016 AT 11H00 AM Page 2 of 54 CONTENTS

NYANDENI LOCAL MUNICIPALITY SUPPLIER DATABASE REGISTRATION FORM NAME OF SERVICE PROVIDER : (To be completed by supplier) CONTACT NUMBER : (To be completed by supplier) FOR OFFICE USE ONLY Received By Verified

REQUEST FOR PROPOSALS FROM SERVICE PROVIDERS TO PROVIDE AN ELECTRONIC DOCUMENT AND RECORDS MANAGEMENT SYSTEM (EDRMS) AND A ROLL OUT PLAN THAT COMPLIES WITH THE NATIONAL ARCHIVES AND RECORDS SERVICES ACT

REQUEST FOR PROPOSALS OF CMVP TRAINING AND COMPANY SANAS ACCREDITATION Closing date: 18 th February 2016 Time: 11:00 Submission format: Electronic submission to 343.procurement@sanedi.org.za Name of the

MBD 6.2 DECLARATION CERTIFICATE FOR LOCAL PRODUCTION AND CONTENT FOR DESIGNATED SECTORS This Municipal Bidding Document (MBD) must form part of all bids invited. It contains general information and serves

F25 F25: SUPPLIER LIST APPLICATION FORM SUPPLIER LIST APPLICATION FORM (F25) REQUIREMENTS The Supplier List Application Form (F25) is an application to be registered on UNISA s supplier database and must

1 of 57 INVITATION TO BID BID REFERENCE NUMBER: E 1314 APPOINTMENT OF A SERVICE PROVIDER FOR THE DEVELOPMENT OF A NATIONAL GHG INVENTORY SYSTEM (NGHGIS) TO COMPILE SUSTAINABLE NATIONAL GREENHOUSE GAS EMISSIONS

To ensure the functioning of the site, we use cookies. We share information about your activities on the site with our partners and Google partners: social networks and companies engaged in advertising and web analytics. For more information, see the Privacy Policy and Google Privacy &amp Terms.
Your consent to our cookies if you continue to use this website.